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If employees sign explicit disclaimers that employment is at-will, courts typically find that handbooks don't create long-term employment contracts. The court in Woolley found that the form and placement of a handbook disclaimer is very important (Employee Handbooks and At-Will Employment ibid). An effective disclaimer is a clear statement by which the defendant reserved the unambiguous right to terminate employees without cause (Exceptions to the employment at will doctrine, 1997, p. 8). All that needs to be done by the employer is the inclusion in the personnel manual in a very prominent position of an appropriate statement that there is no promise of any kind by the employer contained in the manual; [….] and that the employer continues to have the absolute power to fire anyone with or without good cause (see At will employment in New York and New Jersey, p. 4 with references to the Woolley court decision). For example, a court is likely to enforce a handbook term on firing someone only for good cause if a contrary disclaimer is placed at the end of the handbook. However, a clear and prominent disclaimer does support an employer's intent not to create a contract when the handbook does not make express promises (Employee handbooks and at-will employment, p. 1).
Conclusions: At-will employment can be surrendered by policies that are inconsistent with it, such as a binding progressive discipline policy (Williams, 2002, p. 8). Typical steps in a progressive discipline doctrine may include the following: Counseling employees about performance issues and obtaining feedback on the employee's understanding of the requirements; Verbal warnings...
(see Konchan, October 2005, p. 4; Billikopf, 11 August 2006, p. 4). Both sides should be clear on employment status and the legal implications of having an employment handbook with binding provisions on a progressive employee discipline policy in a personnel manual on the hand of the spectrum and a clear and prominent disclaimer regarding such policy on the other hand of the spectrum. Employers should regularly review all of their personnel policies and procedures, as well as employee handbooks and other written personnel documents, to ensure that no promises are made that could be construed as a binding contract (Konchan, October 2005, pp. 4f.). Fairness, honesty, and candor with employees seem to be keys to defending against or successfully avoiding costly employment-related lawsuits (see Konchan, October 2005, p. 5).
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At will employment in New York and New Jersey. 1-10. Accessed 1 December 2011. www.employmentlit.com/files/RAMA-Presentation-092706.pdf
Billikopf, G. (11 August 2006). Discipline and termination. 1-17.
Accessed 1 December 2011.
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